Permissive Federalism

One of the more controversial definitions of federalism, especially in light of current trends toward decentralization and the emphasis on “states' rights,” is the idea that the states have only those powers and authorities permitted to them by the national government. Permissive federalism, as this view is called, holds that the states are subordinate to the national government and that they derive their existence and authority from the national government. Many conservatives have taken exception with this view of federalism, most notably Ronald Reagan, who asserted that it was the states that created the national government, and therefore, the states were entitled to a comparatively greater share of governmental authority and resources. This view, however, was not supported by the first Republican President, Abraham Lincoln, who declared:

The Union is older than any of the states and, in fact, it created them as States. . . . The Union and not the states separately produced their independence and their liberty. . . . The Union gave each of them whatever independence and liberty it has.¹⁹

Lincoln’s views of federalism were obviously motivated by the Civil War experience and the belief that no state had the “right” to leave the Union. Lincoln’s view, however, is not entirely a defense of permissive federalism. In fact, it would probably be a misinterpretation to suggest that it was. However, the notion of national supremacy and the idea that the existence of the states is dependent upon the national government provide fertile soil for the “permissive” view of federalism.

^19.Samuel H. Beer, "The Idea of the Nation" in How Federal is the Constitution, Goldwin and Schambra, eds., (Washington D.C.: American Enterprise Institute, 1986), 110.